Cement company hit with $350,000 fine

CalPortland violated air standards at plant in Marana, EPA says

by Howard Fischer - Oct. 28, 2010 12:00 AMCapitol Media Services

A major Arizona cement manufacturer will pay a $350,000 fine for reportedly violating federal air-quality regulations.

The deal between CalPortland Co. and the U.S. Environmental Protection Agency claims that the company did not obtain the proper permits for major modifications it made last year in its operations at its plant near Marana.

According to the EPA, the changes resulted in a significant net increase in coarse particulates.

But the fine, which EPA air-enforcement officer Doug McDaniel said is on the "high side" of those imposed by his agency, is only part of the deal. It also requires the company to choose between two options designed to reduce future pollution.

One involves CalPortland completing construction of what EPA calls a new "state-of-the-art" kiln in the next 42 months.

At that point, the company would have to shut down operation of four older kilns.

If the company does not want to go ahead with the new kiln, it is required to upgrade the pollution-control equipment on its existing kilns.

"That's a decision they have to make," said McDaniel.

Company Vice President Scott Isaacson said that question remains undecided.

"We're obligated to make that decision very promptly after the (federal) court has done its work and there's public comment on this," he said.

Isaacson said the issue surrounds plans by the company to make changes in its operation, changes that required a permit from the federal agency.

"The permit was issued by EPA based upon faulty information we provided," he said. That erroneously issued permit allowed the company to increase its pollution beyond what would have been allowed had CalPortland provided the EPA with the correct information.

"This settlement will result in cleaner air for communities affected by the CalPortland facility," Deborah Jordan, director of the EPA's Air Division for the Pacific Southwest region, said in a prepared statement.

"To safeguard the public health, all cement plants need to be properly permitted and keep their air emissions within the limits set by federal law."

Isaacson said CalPortland is glad "to have this matter behind us."

According to the EPA, cement kilns emit coarse dust and dirt which can cause major health problems.

Those include impaired breathing, lung damage, cancer and premature death.

The agency says that the elderly, children and people with chronic respiratory problems are particularly sensitive to such pollution.

The consent decree, which was filed in U.S. District Court in Tucson, also includes possible additional penalties.

The company could pay up to $37,500 a day for exceeding applicable standards.